Commonwealth of Australia Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]

WATER (CONSEQUENTIAL AMENDMENTS) BILL 2007

                             2004-2005-2006-2007




     THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                       HOUSE OF REPRESENTATIVES




        WATER (CONSEQUENTIAL AMENDMENTS) BILL 2007




                     EXPLANATORY MEMORANDUM




(Circulated by authority of the Minister for the Environment and Water Resources,
                     the Honourable Malcolm Turnbull MP)
         WATER (CONSEQUENTIAL AMENDMENTS) BILL 2007

GENERAL OUTLINE
1. The Water Bill 2007 gives effect to a number of key elements of the Commonwealth
   Government's $10 billion National Plan for Water Security, announced by the Prime
   Minister on 25 January 2007.
2. The Water Bill will enable water resources in the Murray-Darling Basin to be managed in
   the national interest, optimising environmental, economic and social outcomes. The
   Water Bill also:
     ·     gives the Bureau of Meteorology a new role in collecting and reporting on water
           information and developing National Water Information Standards;
     ·     provides for a new audit role for the National Water Commission; and
     ·     provides for a new role for the Australian Competition and Consumer Commission
           in developing and enforcing water charge and water market rules.
3. This Bill, the Water (Consequential Amendments) Bill, deals with consequential
   amendments to the Meteorology Act 1955, the National Water Commission Act 2004 and
   the Trade Practices Act 1974 to provide for the functions of the Bureau of Meteorology,
   the National Water Commission and the Australian Competition and Consumer
   Commission listed above.



FINANCIAL IMPACT STATEMENT
4. There are no financial implications associated with this Bill.




                                               2
NOTES ON INDIVIDUAL CLAUSES

Clause 1 - Short Title
5. This clause provides that the short title by which the Bill may be cited is the Water
   (Consequential Amendments) Act 2007.

Clause 2 - Commencement
6. This clause specifies when different provisions of the Bill commence. Commencement is
   mostly by reference to the commencement of provisions of the Water Act 2007.

Clause 3 - Schedule(s)
7. This clause provides for amendments to the Acts specified in the Schedule.

SCHEDULE 1 - AMENDMENTS

Clauses 1 to 4 - Meteorology Act 1955
8. These clauses amend the Meteorology Act 1955 to provide for the role of the Bureau of
   Meteorology under Part 8 (Water information) of the Water Act 2007.
9. Clause 3 ensures that the powers of the Bureau under section 7(1) of the Meteorology Act
   1955 apply to the functions under Part 8 of the Water Act 2007.
10. Clause 4 ensures that the powers of the Bureau to make charges for forecasts,
   information, advice and other matters supplied in pursuance of the Meteorology Act 1955
   also apply in relation to Part 8 of the Water Act 2007.

Clause 5 - National Water Commission Act 2004
11. This clause amends the National Water Commission Act 2004 to allow the Commission
   to undertake functions conferred by another law of the Commonwealth. The intention of
   this amendment is to allow the Commission to undertake the functions provided in Part 7
   (Audits by National Water Commission) of the Water Act 2007.

Clauses 6 to 8 - Trade Practices Act 1974
12. These clauses amend the Trade Practices Act 1974 to provide for the Australian
   Competition and Consumer Commission's (ACCC) role under Part 3 (Basin water charge
   and market rules) of the Water Act 2007.
13. Clause 6 ensures that the ACCC's delegation powers apply in relation to its functions
   under the Water Act 2007.
14. Clause 7 allows the ACCC to use its powers to obtain information, documents and
   evidence (provided for in the Trade Practices Act 1974) in relation to a designated water
   matter. Clause 8 provides a definition for `designated water matter'.




                                               3